CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The United States FAA issued AD 2005-01-19, affecting Mode S transponders manufactured by Garmin International Inc, in 2005. AD 2005-01-19 superseded AD 2004-10-15 which was issued by the FAA in 2004. The United States is the State of Design for this equipment. As a result of the FAA issuing a superseding AD, CASA has amended the equivalent Australian AD to include additional transponders and revised software changes. The amended AD, AD/RAD/81 Amendment 1, will become effective on 14 April 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is designed to ensure the safety and efficiency of air navigation within Australia. This Act provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate, specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as mandated under regulation 39.001. The objective of this regulatory mechanism is to address any safety issues that may arise with particular types of aircraft or aeronautical products, thereby ensuring compliance with international standards set forth by the Convention on International Civil Aviation. This legislative process is vital for maintaining the continuing airworthiness of aircraft registered in Australia and aligns with Australia's obligations under international aviation agreements.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Regulations 1998 apply to various entities, including aircraft operators, manufacturers, and maintenance service providers, as well as to specific types of aircraft and aeronautical products. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are considered legislative instruments and are mandated by international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. As the national airworthiness authority, CASA must issue equivalent ADs when necessary, ensuring compliance with both international standards and local requirements. The ADs cover specified conduct and transactions related to the maintenance, operation, and safety of aircraft, with geographic reach extending to all aircraft registered in Australia. Exclusions or exemptions from ADs are not provided in this context, and the application of ADs is not extended or restricted through subordinate instruments. Instead, CASA's authority to issue ADs is exercised directly under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions that allow for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. An AD is a legislative instrument that is disallowable under section 46A of the Acts Interpretation Act 1901, as per subregulation 39.001(5). This means that ADs have the force of law and are subject to parliamentary disallowance.
The obligations imposed by these regulations are primarily on CASA and the State of Registry of an aircraft. CASA, as Australia's national airworthiness authority, must assess any airworthiness information provided by the State of Design and, if deemed necessary, issue an Australian AD to ensure compliance with international safety standards. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. These obligations are in line with Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the continuing airworthiness of an aircraft type and to the State of Registry for individual aircraft.
Failure to comply with an AD can result in various consequences. Civil penalties may be imposed for non-compliance with airworthiness directives, which can include fines. The exact penalties are not specified in the provided text but would typically be outlined in the AD itself or in relevant legislation. Criminal penalties may also apply, depending on the nature and severity of the non-compliance. These could include imprisonment for individuals found guilty of offences related to airworthiness. The specifics of these penalties would be determined by the courts and the applicable laws.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of ADs to ensure air navigation safety. CASA and the State of Registry have specific obligations to implement and enforce these directives. Non-compliance with ADs can lead to civil and criminal penalties, reinforcing the importance of adherence to these safety measures.